BHAGWAN GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present batch of the cases is filed by the retired workmen of respondent Mahi Bajaj Sagar Project, Banswara for claiming pension under the Rajasthan Civil Services (Pension), Rules, 1996 and the facts are illustratively taken from S.B. Civil Writ Petition No. 194/2009- Bhagawan Giri S/o Nathu Giri V/s the State of Rajasthan and others.

(2.) The petitioner Bhagawan Giri S/O Sh. Nathu Giri was initially appointed as work-charge employee on muster roll basis as Fitter on 15.12.1962 and thereafter, he was posted at Mahi Dam Project on 20.8.1964. He was given the regular pay scale of Fitter cum Boring Operator w.e.f. 01.05.1966 and was conferred the semipermanent status under the Work Charge Employees Service Rules, 1964 (since repealed in the year 1994). The petitioner's services were absorbed against the 43 regular posts (work-charge) created by the respondent - State vide order Annex.1 dated 30.04.1981 by which 43 such work-charge employees were absorbed on the posts so created and the petitioner at serial No. 12 in the said order, was also absorbed as Boring Operator whereas another person Mr. Prabhakar Waghdare at serial No. 33 was also so absorbed as Senior Mistri. The petitioner Bhagawan Giri was retrenched on 04.03.1983 after completion of more than 21 years of service as work charge employee. Without challenging the retrenchment in any competent Court, the petitioner, however, made a representation to the respondent authority, namely, the Executive Engineer, Dam Sub Division-I, Mahi Project, Banswara vide Annex.4 dated 02.11.2007 for grant of pension to him as he had completed more than 20 years of the qualifying services and after serving a notice for demand of justice vide Annex.6 dated 08.12.2008, the petitioner filed the present writ petition on 05.01.2009 with the following prayers:

(3.) Upon issuance of the notices, the respondent Irrigation Department has filed a reply to the writ petition on 07.01.2010 and have disputed the claim of the petitioner for grant of pension.